Basic Law of People's Republic of China (PRC) Special Administrative Region

Lead: In order to safeguard national unity and territorial integrity and maintain the prosperity and stability of Hong Kong, this Law is formulated in light of the historical and realistic situation of Hong Kong. The following is my collection of the basic laws of People's Republic of China (PRC) and the Hong Kong Special Administrative Region. Welcome to reading.

Chapter I General Provisions Article 1 The Hong Kong Special Administrative Region is an inalienable part of People's Republic of China (PRC).

Article 2 The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy administrative, legislative and independent judicial power, including that of final adjudication.

Article 3 The administrative organs and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law.

Article 4 The Hong Kong Special Administrative Region shall protect the rights and freedoms of residents and others in the Region according to law.

Article 5 The socialist system and policies shall not be practiced in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years.

Article 6 The Hong Kong Special Administrative Region shall protect private property rights according to law.

Article 7 The land and natural resources in the Hong Kong Special Administrative Region belong to the state, and the government of the Hong Kong Special Administrative Region shall be responsible for the management, use, development, lease or grant to individuals, legal persons or organizations for use or development, and the income therefrom shall be entirely controlled by the government of the Hong Kong Special Administrative Region.

Article 8 The laws previously in force in Hong Kong, that is, the common law, equity, regulations, subordinate legislation and customary law, shall be maintained, except those that contravene this Law or are amended by the legislature of the Hong Kong Special Administrative Region.

Article 9 Apart from Chinese, the executive, legislature and judiciary of the Hong Kong Special Administrative Region may also use English, which is also an official language.

Article 10 In addition to the national flag and emblem of China, the Hong Kong Special Administrative Region may also use its regional flag and emblem.

The regional flag of the Hong Kong Special Administrative Region is the bauhinia red flag with five-star stamens.

The regional emblem of the Hong Kong Special Administrative Region, with bauhinia with five-star stamens in the middle, is written around. People's Republic of China (PRC) SAR? And English? Hong kong? .

Article 11 According to Article 31 of the Constitution of People's Republic of China (PRC), the systems and policies of the Hong Kong Special Administrative Region, including the social and economic systems, the system for safeguarding the basic rights and freedoms of residents, the administrative, legislative and judicial systems and related policies, are based on this Law.

No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law.

Chapter II Relations between the Central Authorities and the Hong Kong Special Administrative Region Article 12 The Hong Kong Special Administrative Region is a local administrative region in People's Republic of China (PRC) that enjoys a high degree of autonomy and is directly under the Central People's Government.

Article 13 The Central People's Government shall be responsible for the foreign affairs related to the Hong Kong Special Administrative Region.

The Ministry of Foreign Affairs of People's Republic of China (PRC) has set up an office in Hongkong to handle foreign affairs.

People's Republic of China (PRC) authorizes the Hong Kong Special Administrative Region to handle relevant foreign affairs on its own in accordance with this Law.

Article 14 The Central People's Government shall be responsible for the defense of the Hong Kong Special Administrative Region.

The government of the Hong Kong Special Administrative Region is responsible for maintaining public order in the Region.

The troops of the Central People's Government stationed in the Hong Kong Special Administrative Region for defense shall not interfere in the local affairs of the Region. The government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in maintaining public order and rescuing disasters.

Members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region in addition to the national laws.

The garrison expenses shall be borne by the Central People's Government.

Article 15 The Central People's Government shall appoint the Chief Executive and principal officials of the administrative organs of the Hong Kong Special Administrative Region in accordance with the provisions of Chapter IV of this Law.

Article 16 The Hong Kong Special Administrative Region shall enjoy the power of administrative management and handle the administrative affairs of the Region on its own in accordance with the relevant provisions of this Law.

Article 17 The Hong Kong Special Administrative Region shall enjoy legislative power.

Laws enacted by the legislature of the Hong Kong Special Administrative Region shall be reported to the NPC Standing Committee for the record. Filing does not affect the entry into force of the law.

After consulting the Basic Law Committee of the Hong Kong Special Administrative Region to which NPC Standing Committee belongs, if it considers that any law enacted by the legislature of the Hong Kong Special Administrative Region does not conform to the provisions of this Law on the affairs managed by the central authorities and the relationship between the central authorities and the Hong Kong Special Administrative Region, it may send the relevant laws back without any amendment. The laws sent back by the NPC Standing Committee shall become invalid immediately. Unless otherwise provided by the laws of the Hong Kong Special Administrative Region, the invalidation of this Law shall have no retrospective effect.

Article 18 The laws previously in force in the Hong Kong Special Administrative Region are this Law, the laws previously in force in Hong Kong as stipulated in Article 8 of this Law and the laws enacted by the legislature of the Hong Kong Special Administrative Region. As well as the laws previously in force in Hong Kong as stipulated in Article 8 of this Law and laws enacted by the legislature of the Hong Kong Special Administrative Region. As well as the laws previously in force in Hong Kong as stipulated in Article 8 of this Law and laws enacted by the legislature of the Hong Kong Special Administrative Region. As well as the laws previously in force in Hong Kong as stipulated in Article 8 of this Law and laws enacted by the legislature of the Hong Kong Special Administrative Region. As well as the laws previously in force in Hong Kong as stipulated in Article 8 of this Law and laws enacted by the legislature of the Hong Kong Special Administrative Region.

National laws shall not be applied in the Hong Kong Special Administrative Region except those listed in Annex III of this Law. All laws listed in Annex III of this Law shall be promulgated or implemented locally by the Hong Kong Special Administrative Region.

The NPC Standing Committee may, after consulting the Basic Law Committee of the Hong Kong Special Administrative Region and the government of the Hong Kong Special Administrative Region, add or subtract the laws listed in Annex III of this Law. All laws listed in Annex III are limited to those related to national defense, foreign affairs and other laws that are not within the scope of autonomy of the Macao Special Administrative Region according to the provisions of this Law.

If the NPC Standing Committee decides to declare a state of war or decide that the Hong Kong Special Administrative Region is in a state of emergency because of turmoil beyond the control of the Government of the Hong Kong Special Administrative Region that endangers national unity or security, the Central People's Government may issue an order to implement relevant national laws in the Hong Kong Special Administrative Region.

Article 19 The Hong Kong Special Administrative Region shall enjoy independent judicial power, including that of final adjudication.

The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except for continuing to maintain the restrictions on the jurisdiction of the courts imposed by the legal system and principles previously practiced in Hong Kong.

The courts of the Hong Kong Special Administrative Region have no jurisdiction over acts of state such as national defense and foreign affairs. When the courts of the Hong Kong Special Administrative Region encounter factual issues involving national defense, foreign affairs and other acts of state in the trial of cases, they should obtain certificates issued by the Chief Executive on these issues, which are binding on the courts. The Chief Executive must obtain a certificate from the Central People's Government before issuing a certificate.

Article 20 The Hong Kong Special Administrative Region may enjoy other powers conferred by the National People's Congress, the NPC Standing Committee and the Central People's Government.

Article 21 China citizens who are residents of the Hong Kong Special Administrative Region shall participate in the management of state affairs according to law.

According to the quota and the method for selecting deputies determined by the National People's Congress, China citizens who are residents of the Hong Kong Special Administrative Region should elect deputies to the National People's Congress of the Hong Kong Special Administrative Region in Hong Kong to participate in the work of the highest organ of state power.

Article 22 No department, province, autonomous region or municipality directly under the Central Government may interfere in the affairs managed by the Hong Kong Special Administrative Region on its own according to this Law.

If all central departments, provinces, autonomous regions and municipalities directly under the Central Government need to set up offices in the Hong Kong Special Administrative Region, they must obtain the consent of the Hong Kong Special Administrative Region Government and the approval of the Central People's Government.

All institutions and their personnel established in the Hong Kong Special Administrative Region by central departments, provinces, autonomous regions and municipalities directly under the Central Government shall abide by the laws of the Region.

People from other parts of China must go through the approval procedures to enter the Hong Kong Special Administrative Region, and the number of people who enter the Hong Kong Special Administrative Region for settlement shall be determined by the competent department of the Central People's Government after consulting the government of the Hong Kong Special Administrative Region.

The Hong Kong Special Administrative Region may set up an office in Beijing.

Article 23 The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion of the Central People's Government and theft of state secrets, prohibit foreign political organizations or groups from conducting political activities in the Region, and prohibit political organizations or groups in the Region from establishing ties with foreign political organizations or groups.

Chapter III Basic Rights and Duties of Residents Article 24 Residents of the Hong Kong Special Administrative Region, referred to as Hong Kong residents for short, include permanent residents and non-permanent residents.

The permanent residents of the Hong Kong Special Administrative Region are:

(1) China citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;

(2) China citizens who have ordinarily resided in Hong Kong for more than seven consecutive years before or after the establishment of the Hong Kong Special Administrative Region;

(3) Children of China nationality born outside Hongkong by the residents listed in items (1) and (2);

(4) Non-China nationals who entered Hong Kong with valid travel documents before or after the establishment of the Hong Kong Special Administrative Region, have ordinarily resided in Hong Kong for more than seven consecutive years, and have taken Hong Kong as their permanent residence;

(5) Children under the age of 21 born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region by the residents listed in item (4);

(6) Persons other than the residents listed in items (1) to (5) who only had the right of abode in Hong Kong before the establishment of the Hong Kong Special Administrative Region.

The above-mentioned residents enjoy the right of abode in the Hong Kong Special Administrative Region and are eligible to obtain permanent identity cards stating their right of abode in accordance with the laws of the Hong Kong Special Administrative Region.

Non-permanent residents of the Hong Kong Special Administrative Region refer to those who are eligible to obtain Hong Kong identity cards according to the laws of the Hong Kong Special Administrative Region, but have no right of abode.

Article 25 All Hong Kong residents are equal before the law.

Article 26 Permanent residents of the Hong Kong Special Administrative Region shall enjoy the right to vote and stand for election according to law.

Article 27 Hong Kong residents shall enjoy freedom of speech, press and publication, freedom of association, assembly, procession and demonstration, and the right and freedom to form and join trade unions and strike.

Article 28 The personal freedom of Hong Kong residents shall be inviolable.

Hong Kong residents shall not be subjected to arbitrary or illegal arrest, detention or imprisonment. Arbitrary or illegal search of residents' bodies and deprivation or restriction of residents' personal freedom are prohibited. Torture of residents and arbitrary or illegal deprivation of their lives are prohibited.

Article 29 The homes and other houses of Hong Kong residents shall be inviolable. Arbitrary or illegal searches and intrusions into residents' houses and other houses are prohibited.

Article 30 The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may infringe upon the freedom and privacy of communication of residents for any reason, except for the need of public safety and the investigation of criminal offences, when the relevant authorities check the communication according to legal procedures.

Article 31 Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to other countries and regions. Hong Kong residents enjoy freedom of travel and entry and exit. Unless prohibited by law, holders of valid travel documents are free to leave the Hong Kong Special Administrative Region without special approval.

Article 32 Hong Kong residents shall have freedom of belief.

Hong Kong residents have the freedom of religious belief, public preaching and holding and participating in religious activities.

Article 33 Hong Kong residents shall have freedom to choose their occupation.

Article 34 Hong Kong residents shall have freedom to engage in academic research, literary and artistic creation and other cultural activities.

Article 35 Hong Kong residents have the right to obtain confidential legal advice, bring a lawsuit to the court, choose a lawyer to protect their legitimate rights and interests in time or represent them in court, and obtain judicial relief.

Hong Kong residents have the right to bring legal proceedings against the actions of administrative departments and personnel.

Article 36 Hong Kong residents have the right to enjoy social welfare according to law. The welfare benefits and retirement security of workers are protected by law.

Article 37 The freedom of marriage and the right of voluntary childbearing of Hong Kong residents shall be protected by law.

Article 38 Hong Kong residents shall enjoy other rights and freedoms guaranteed by the laws of the Hong Kong Special Administrative Region.

Article 39 The relevant provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.

The rights and freedoms enjoyed by Hong Kong residents shall not be restricted except as prescribed by law, and such restrictions shall not contravene the provisions of the first paragraph of this article.

Article 40? New territories? The Hong Kong Special Administrative Region protects the lawful traditional rights and interests of indigenous residents.

Article 41 Persons other than Hong Kong residents of the Hong Kong Special Administrative Region shall enjoy the rights and freedoms of Hong Kong residents as stipulated in this Chapter according to law.

Article 42 Hong Kong residents and other people in Hong Kong have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region.

Chapter IV Political System Section 1 Chief Executive

Article 43 The Chief Executive of the Hong Kong Special Administrative Region is the head of the Region and represents it.

The Chief Executive of the Hong Kong Special Administrative Region shall be responsible to the Central People's Government and the Hong Kong Special Administrative Region in accordance with the provisions of this Law.

Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a China citizen who has reached the age of 40 and has ordinarily resided in Hong Kong for 20 consecutive years with no right of abode in a foreign country.

Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be selected locally through elections or consultations and appointed by the Central People's Government.

The method for selecting the Chief Executive shall be formulated in accordance with the actual situation of the Hong Kong Special Administrative Region and the principle of gradual and orderly progress, and ultimately achieve the goal of universal suffrage after nomination by a broadly representative nominating committee in accordance with democratic procedures.

The specific method for selecting the Chief Executive is stipulated in Annex I "Method for Selecting the Chief Executive of the Hong Kong Special Administrative Region".

Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years, and he may be re-elected once.

Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be honest and devoted to his duties.

When the Chief Executive takes office, he shall declare his property to the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region and put it on record.

Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following functions and powers:

(1) To lead the government of the Hong Kong Special Administrative Region;

(2) To be responsible for the implementation of this Law and other laws applicable to the Hong Kong Special Administrative Region in accordance with this Law;

(3) signing bills passed by the Legislative Council and promulgating laws;

To sign the budget passed by the Legislative Council and report the budget and final accounts to the Central People's Government for the record;

(4) To decide on government policies and issue administrative orders;

(5) Nominating and reporting to the Central People's Government for appointment of the following principal officials: Directors of Departments, Deputy Directors, Directors of Bureaux, Commissioner of the Independent Commission Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise; Suggest that the Central People's Government remove the above-mentioned officials;

(6) Appointing and removing judges of courts at all levels according to legal procedures;

(7) Appointing or removing public officials according to legal procedures;

(8) To implement the instructions issued by the Central People's Government on relevant matters stipulated in this Law;

(9) To handle foreign affairs and other affairs authorized by the central authorities on behalf of the Government of the Hong Kong Special Administrative Region;

(ten) to approve the financial revenue and expenditure bill submitted to the Legislative Council;

(11) To decide whether government officials or other persons in charge of government affairs should testify and provide evidence to the Legislative Council or its subordinate committees on the basis of security and major public interests;

(12) pardoning or mitigating the punishment of criminals;

(thirteen) handling letters and visits and complaints.

Article 49 If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not in the overall interests of the Region, he may send it back to the Legislative Council for reconsideration within three months. If the original bill is passed by not less than two-thirds majority of all members of the Legislative Council again, the Chief Executive must sign and promulgate it within one month, or handle it according to the provisions of Article 50 of this Law.

Article 50 When the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed by the Legislative Council again, or the Legislative Council refuses to pass a budget or other important bills proposed by the government, and consensus cannot be reached through consultation, the Chief Executive may dissolve the Legislative Council.

The Chief Executive shall consult the Executive Council before dissolving the Legislative Council. The Chief Executive can dissolve the Legislative Council only once during his term of office.

Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to approve the budget proposed by the government, the Chief Executive may apply to the Legislative Council for provisional appropriation. If the funding cannot be approved due to the dissolution of the Legislative Council, the Chief Executive may approve temporary short-term funding according to the expenditure standard of the previous fiscal year for a period of time before the election of the new Legislative Council.

Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

(a) due to serious illness or other reasons can not perform their duties;

(2) The Legislative Council was dissolved because it refused to sign the bill passed by the Legislative Council twice. The re-elected Legislative Council still passed the controversial original bill by a two-thirds majority of all its members, but the Chief Executive still refused to sign it;

(3) The Legislative Council was dissolved because it refused to pass the budget or other important bills, and the re-elected Legislative Council continued to refuse to pass the controversial original bill.

Article 53 When the Chief Executive of the Hong Kong Special Administrative Region is unable to perform his duties for a short period of time, the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice shall take turns to temporarily represent him.

When the office of the Chief Executive becomes vacant, a new Chief Executive shall be elected within six months in accordance with the provisions of Article 45 of this Law. The duty agency of the chief executive during his absence shall be handled in accordance with the provisions of the preceding paragraph.

Article 54 The Executive Council of the Hong Kong Special Administrative Region is an institution that assists the Chief Executive in making decisions.

Article 55 Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among the principal officials of the executive organs, members of the Legislative Council and members of the public, and their appointment and removal shall be decided by the Chief Executive. The term of office of a member of the Executive Council shall not exceed that of the Chief Executive who appointed him.

Members of the Executive Council of the Hong Kong Special Administrative Region shall be China citizens who are permanent residents of the Region with no right of abode in foreign countries.

When the Chief Executive deems it necessary, he may invite relevant persons to attend the meeting as nonvoting delegates.

Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be presided over by the Chief Executive.

Apart from the appointment and dismissal of personnel, disciplinary action and measures taken in emergencies, the Chief Executive must consult the Executive Council before making important decisions, submitting bills to the Legislative Council, enacting subsidiary legislation and dissolving the Legislative Council.

If the Chief Executive does not accept the opinion of the majority of the members of the Executive Council, he shall record the specific reasons.

Article 57 An Independent Commission Against Corruption shall be established in the Hong Kong Special Administrative Region, which shall work independently and be accountable to the Chief Executive.

Article 58 The Audit Commission shall be established in the Hong Kong Special Administrative Region, which shall work independently and be accountable to the Chief Executive.

Section 2 Administrative organs

Article 59 The government of the Hong Kong Special Administrative Region is the administrative organ of the Region.

Article 60 The head of the government of the Hong Kong Special Administrative Region is the Chief Executive of the Region.

The Government of the Hong Kong Special Administrative Region shall have the Secretary for Home Affairs, the Financial Secretary, the Department of Justice and various bureaux, departments and agencies.

Article 61 The principal officials of the Hong Kong Special Administrative Region shall be China citizens who are permanent residents of the Region and have ordinarily resided in Hong Kong for a continuous period of 15 years and have no right of abode in foreign countries.

Article 62 The Government of the Hong Kong Special Administrative Region shall exercise the following functions and powers:

Formulating and implementing policies;

(2) Managing various administrative affairs;

(3) Handling foreign affairs authorized by the Central People's Government as stipulated in this Law;

(4) Preparing and presenting financial budgets and final accounts;

(5) Drafting and submitting bills, motions and subsidiary regulations;

(6) Appoint officials to attend the Legislative Council as nonvoting delegates and speak on behalf of the government.

Article 63 The Department of Justice of the Hong Kong Special Administrative Region shall be in charge of criminal procuratorial work without any interference.

Article 64 The Government of the Hong Kong Special Administrative Region must abide by laws and be responsible to the Legislative Council of the Region: to implement laws passed by the Legislative Council and which have come into force; Regularly deliver policy addresses to the Legislative Council; Answer questions from members of the Legislative Council; Taxes and public expenditures must be approved by the Legislative Council.

Article 65 The previous system of establishing advisory bodies by administrative organs shall be maintained.